A Federal High Court sitting in Abakaliki Ebonyi State, has ordered the state government to compensate tricycle unions with the sum of N22 million for infringing on their rights.
The presiding judge, Justice H. I. Oshomah in the suit marked FHC/AI/CS/186/2023 held that there was abuse of power by the defendants which included the State Commissioner for Capital City Development, his counterpart in the Transport Ministry and two others.
The court declared as illegal, unconstitutional, unwarranted the defendants’ act of setting up and recognising a sole union to determine and regulate affairs of all tricycle operators and unions in Ebonyi State in a democratic era, excluding the legally 1st to 5th plaintiffs and their numerous members without any provocation or justification.
The tricycle unions in the originating summons sought determination of constitutionality of the dissolutions, suspension, invasion of their offices, total stoppage of their activities by the defendants in the face of provision of 34, 35,37,40,41 of the constitution of the Federal Republic of Nigeria 1999 (as amended), section 823(1) of the Companies and Allied Matters Act, Laws of the Federation of Nigeria 2020, and it was ruled in their favour.
The court, after due consideration of merits of the matter, granted the reliefs sought by the plaintiffs which include an order restraining the 1st to 4th defendants or any other person from ever extorting money from members of the 1st to 5th plaintiffs in whatever guise and an order directing the 1st to 4th defendants to halt immediately the proposed election or selection of the defendants as the chief executive director/ chairman and 2nd defendant as a co-director of the tricycle unions whether individually or collectively as they are not registered members of any of the Associations of the 1st to 5th plaintiffs.
The court also ordered that the plaintiffs, by virtue of their status as a legal entity, duly registered with the Corporate Affairs Commission with its principal objective to organise, regulate and promote business activities of members engaged in commercial tricycle operation and businesses in Nigeria, are entitled to be recognised and allowed to freely operate in Ebonyi State of Nigeria as applicable in other states of the Federation and payment of N2 million in favour of the plaintiffs as cost for the litigation against the defendants.
The court also ordered the payment of N20 million as exemplary and general damages in favour of the plaintiffs against all the defendants “for serial attacks, intimidation, harassment and undue interference and unlawful seizure of property belonging to the plaintiffs.”
The tricycle unions who dragged the state government to court are the registered trustees of Tricycle Owners Association of Nigeria, Concern Tricycle Riders Owners Association of Nigeria, Ebonyi One Mind tricycle Riders and Owners Association, National Commercial Tricycle and Motorcycle Owners and Riders Association and Tricycle Riders Association of Nigeria, Ebonyi State chapter.
Reacting to the judgement, the plaintiffs’ counsel, Daniel Onuoha hailed the court for illustrating that the court is the last hope of the common man.